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90_HB2823eng
815 ILCS 505/2 from Ch. 121 1/2, par. 262
Amends the Consumer Fraud and Deceptive Business
Practices Act. Adds a caption to a Section declaring certain
acts or practices unlawful.
LRB9009701DJcd
HB2823 Engrossed LRB9009701DJcd
1 AN ACT in relation to consumer protection.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 5-301 as follows:
6 (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
7 Sec. 5-301. Automotive parts recyclers, scrap
8 processors, repairers and rebuilders must be licensed.
9 (a) No person in this State shall, except as an incident
10 to the servicing of vehicles, carry on or conduct the
11 business of a automotive parts recyclers, a scrap processor,
12 a repairer, or a rebuilder, unless licensed to do so in
13 writing by the Secretary of State under this Section. No
14 person shall rebuild a salvage vehicle unless such person is
15 licensed as a rebuilder by the Secretary of State under this
16 Section. Each license shall be applied for and issued
17 separately, except that a license issued to a new vehicle
18 dealer under Section 5-101 of this Code shall also be deemed
19 to be a repairer license.
20 (b) Any application filed with the Secretary of State,
21 shall be duly verified by oath, in such form as the Secretary
22 of State may by rule or regulation prescribe and shall
23 contain:
24 1. The name and type of business organization of
25 the applicant and his principal or additional places of
26 business, if any, in this State.
27 2. The kind or kinds of business enumerated in
28 subsection (a) of this Section to be conducted at each
29 location.
30 3. If the applicant is a corporation, a list of its
31 officers, directors, and shareholders having a ten
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1 percent or greater ownership interest in the corporation,
2 setting forth the residence address of each; if the
3 applicant is a sole proprietorship, a partnership, an
4 unincorporated association, a trust, or any similar form
5 of business organization, the names and residence address
6 of the proprietor or of each partner, member, officer,
7 director, trustee or manager.
8 4. A statement that the applicant's officers,
9 directors, shareholders having a ten percent or greater
10 ownership interest therein, proprietor, partner, member,
11 officer, director, trustee, manager, or other principals
12 in the business have not committed in the past three
13 years any one violation as determined in any civil or
14 criminal or administrative proceedings of any one of the
15 following Acts:
16 (a) The Anti Theft Laws of the Illinois
17 Vehicle Code;
18 (b) The "Certificate of Title Laws" of the
19 Illinois Vehicle Code;
20 (c) The "Offenses against Registration and
21 Certificates of Title Laws" of the Illinois Vehicle
22 Code;
23 (d) The "Dealers, Transporters, Wreckers and
24 Rebuilders Laws" of the Illinois Vehicle Code;
25 (e) Section 21-2 of the Criminal Code of 1961,
26 Criminal Trespass to Vehicles; or
27 (f) The Retailers Occupation Tax Act.
28 5. A statement that the applicant's officers,
29 directors, shareholders having a ten percent or greater
30 ownership interest therein, proprietor, partner, member,
31 officer, director, trustee, manager or other principals
32 in the business have not committed in any calendar year 3
33 or more violations, as determined in any civil or
34 criminal or administrative proceedings, of any one or
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1 more of the following Acts:
2 (a) The Consumer Finance Act;
3 (b) The Consumer Installment Loan Act;
4 (c) The Retail Installment Sales Act;
5 (d) The Motor Vehicle Retail Installment Sales
6 Act;
7 (e) The Interest Act;
8 (f) The Illinois Wage Assignment Act;
9 (g) Part 8 of Article XII of the Code of Civil
10 Procedure; or
11 (h) The Consumer Fraud Act.
12 6. An application for a license shall be
13 accompanied by the following fees: $50 for applicant's
14 established place of business; $25 for each additional
15 place of business, if any, to which the application
16 pertains; provided, however, that if such an application
17 is made after June 15 of any year, the license fee shall
18 be $25 for applicant's established place of business plus
19 $12.50 for each additional place of business, if any, to
20 which the application pertains. License fees shall be
21 returnable only in the event that such application shall
22 be denied by the Secretary of State.
23 7. A statement that the applicant understands
24 Chapter 1 through Chapter 5 of this Code.
25 8. A statement that the applicant shall comply with
26 subsection (e) of this Section.
27 (c) Any change which renders no longer accurate any
28 information contained in any application for a license filed
29 with the Secretary of State shall be amended within 30 days
30 after the occurrence of such change on such form as the
31 Secretary of State may prescribe by rule or regulation,
32 accompanied by an amendatory fee of $2.
33 (d) Anything in this chapter to the contrary,
34 notwithstanding, no person shall be licensed under this
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1 Section unless such person shall maintain an established
2 place of business as defined in this Chapter.
3 (e) The Secretary of State shall within a reasonable
4 time after receipt thereof, examine an application submitted
5 to him under this Section and unless he makes a
6 determination that the application submitted to him does not
7 conform with the requirements of this Section or that grounds
8 exist for a denial of the application, as prescribed in
9 Section 5-501 of this Chapter, grant the applicant an
10 original license as applied for in writing for his
11 established place of business and a supplemental license in
12 writing for each additional place of business in such form as
13 he may prescribe by rule or regulation which shall include
14 the following:
15 1. The name of the person licensed;
16 2. If a corporation, the name and address of its
17 officers or if a sole proprietorship, a partnership, an
18 unincorporated association or any similar form of
19 business organization, the name and address of the
20 proprietor or of each partner, member, officer, director,
21 trustee or manager;
22 3. A designation of the kind or kinds of business
23 enumerated in subsection (a) of this Section to be
24 conducted at each location;
25 4. In the case of an original license, the
26 established place of business of the licensee;
27 5. In the case of a supplemental license, the
28 established place of business of the licensee and the
29 additional place of business to which such supplemental
30 license pertains.
31 (f) The appropriate instrument evidencing the license or
32 a certified copy thereof, provided by the Secretary of State
33 shall be kept, posted, conspicuously in the established place
34 of business of the licensee and in each additional place of
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1 business, if any, maintained by such licensee. The licensee
2 also shall post conspicuously in the established place of
3 business and in each additional place of business a notice
4 which states that such business is required to be licensed by
5 the Secretary of State under Section 5-301, and which
6 provides the license number of the business and the license
7 expiration date. This notice also shall advise the consumer
8 that any complaints as to the quality of service may be
9 brought to the attention of the Attorney General. The
10 information required on this notice also shall be printed
11 conspicuously on all estimates and receipts for work by the
12 licensee subject to this Section. The Secretary of State
13 shall prescribe the specific format of this notice. The
14 requirements of this subsection (f) shall not apply to new
15 vehicle dealers licensed pursuant to Section 5-101 of this
16 Act.
17 (g) Except as provided in subsection (h) hereof,
18 licenses granted under this Section shall expire by operation
19 of law on December 31 of the calendar year for which they are
20 granted unless sooner revoked or cancelled under the
21 provisions of Section 5-501 of this Chapter.
22 (h) Any license granted under this Section may be
23 renewed upon application and payment of the fee required
24 herein as in the case of an original license, provided,
25 however, that in case an application for the renewal of an
26 effective license is made during the month of December, such
27 effective license shall remain in force until such
28 application is granted or denied by the Secretary of State.
29 (i) All automotive repairers and rebuilders shall, in
30 addition to the requirements of subsections (a) through (h)
31 of this Section, meet the following licensing requirements:
32 1. Provide proof that the property on which first
33 time applicants plan to do business is in compliance with
34 local zoning laws and regulations, and a listing of
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1 zoning classification;
2 2. Provide proof that the applicant for a
3 repairer's license complies with the proper workers'
4 compensation rate code or classification, and listing the
5 code of classification for that industry;
6 3. Provide proof that the applicant for a
7 rebuilder's license complies with the proper workers'
8 compensation rate code or classification for the repair
9 industry or the auto parts recycling industry and listing
10 the code of classification;
11 4. Provide proof that the applicant has obtained or
12 applied for a hazardous waste generator number, and
13 listing the actual number if available or certificate of
14 exemption;
15 5. Provide proof that applicant has proper
16 liability insurance, and listing the name of the insurer
17 and the policy number; and
18 6. Provide proof that the applicant has obtained or
19 applied for the proper State sales tax classification and
20 federal identification tax number, and listing the actual
21 numbers if available.
22 (j) All automotive parts recyclers shall, in addition to
23 the requirements of subsections (a) through (h) of this
24 Section, meet the following licensing requirements:
25 1. A statement that the applicant purchases 5
26 vehicles per year or has 5 hulks or chassis in stock;
27 2. Provide proof that the property on which all
28 first time applicants will do business does comply to the
29 proper local zoning laws in existence, and a listing of
30 zoning classifications;
31 3. Provide proof that applicant complies with the
32 proper workers' compensation rate code or classification,
33 and listing the code of classification; and
34 4. Provide proof that applicant has obtained or
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1 applied for the proper State sales tax classification and
2 federal identification tax number, and listing the actual
3 numbers if available.
4 (Source: P.A. 89-189, eff. 1-1-96.)
5 Section 10. The Automotive Repair Act is amended by
6 changing Sections 10 and 35 as follows:
7 (815 ILCS 306/10)
8 Sec. 10. Definitions. In this Act:
9 "Automotive repair" includes, but is not limited to:
10 (1) All repairs to motor vehicles that are commonly
11 performed in a motor vehicle repair facility by a motor
12 vehicle technician, including the diagnosis,
13 installation, exchange, or repair of mechanical or
14 electrical parts or units for any vehicle, the
15 performance of any electrical or mechanical adjustment to
16 any vehicle, or the performance of any service work
17 required for routine maintenance or repair of any
18 vehicle. The term does not include commercial fleet
19 repair or maintenance transactions involving 2 or more
20 vehicles or ongoing service or maintenance contracts
21 involving vehicles used primarily for business purposes.
22 (2) All repair work in motor vehicle repair
23 facilities that perform one or more specialties within
24 the automotive repair service industry, including, but
25 not limited to, refinishing, brake, electrical, exhaust
26 repair or installation, front-end, radiators, tires,
27 transmission, tune-up, and windshield. However,
28 transactions involving the retail purchase of merchandise
29 when a facility installs the merchandise as part of the
30 transaction at the discretion of the customer for a firm
31 price are not included. These transactions shall include
32 but not be limited to tires, batteries, oil, and lube
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1 jobs.
2 "Automotive repair facility" or "motor vehicle repair
3 facility" means any person, firm, association, or corporation
4 that for compensation engages in the business of automotive
5 repair or diagnosis, or both, of malfunctions of motor
6 vehicles.
7 A "used" part consists of a used assembly removed from a
8 vehicle and installed on a vehicle undergoing repair without
9 the benefit of being rebuilt or remanufactured.
10 "Motor vehicle" means a motor vehicle as defined in the
11 Illinois Vehicle Code except that "motor vehicle" does not
12 include (i) snowmobiles as defined in the Snowmobile
13 Registration and Safety Act, (ii) all-terrain vehicles, farm
14 tractors, implements of husbandry, and special mobile
15 equipment as defined in the Illinois Vehicle Code, and (iii)
16 motor vehicles of the second division as defined in the
17 Illinois Vehicle Code that weigh more than 8000 pounds.
18 (Source: P.A. 90-426, eff. 1-1-98.)
19 (815 ILCS 306/35)
20 Sec. 35. Inability to deliver motor vehicle to facility
21 during business hours; motor vehicle drop-offs. When the
22 consumer is unable to deliver the motor vehicle to the motor
23 vehicle repair facility during business hours and the
24 consumer has requested the motor vehicle repair facility to
25 take possession of the motor vehicle for the purpose of
26 repairing or estimating the cost of repairing the motor
27 vehicle, or is able to deliver the motor vehicle during
28 business hours but is unable to remain at the motor vehicle
29 repair facility to receive a diagnosis and estimate of
30 repairs, the motor vehicle repair facility may not undertake
31 the diagnosing or repairing of any malfunction of the motor
32 vehicle for compensation exceeding $100 unless either (i) the
33 consumer has signed a waiver as set forth in Section 20 or
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1 (ii) the motor vehicle repair facility has complied with all
2 of the following conditions:
3 (1) The motor vehicle repair facility has prepared
4 a written estimate or a firm price quotation of the price
5 for labor and parts necessary to repair the motor
6 vehicle.
7 (2) By telephone or otherwise, the consumer has
8 been given all of the material information on the written
9 estimate or firm price quotation, and the consumer has
10 approved the written estimate or firm price quotation.
11 (3) The consumer has given his or her oral or
12 written authorization to the motor vehicle repair
13 facility to make the repairs pursuant to the written
14 estimate or firm price quotation.
15 If the consumer's authorization is oral, the motor
16 vehicle repair facility shall make, on both the written
17 estimate or firm price quotation and the invoice, a notation
18 of the name of the person authorizing the repairs, the date,
19 the time, and the telephone number called, if any. Any
20 charge for parts or labor in excess of the original estimate
21 must be separately authorized by the consumer as provided in
22 subsection (b) of Section 15 and in Section 25.
23 (Source: P.A. 90-426, eff. 1-1-98.)
24 Section 15. The Consumer Fraud and Deceptive Business
25 Practices Act is amended by adding Section 2II as follows:
26 (815 ILCS 505/2II new)
27 Sec. 2II. Electronic mail that includes an
28 advertisement.
29 (a) As used in this Section:
30 (1) "Advertisement" means material that:
31 (A) advertises for commercial purpose the
32 availability or the quality of real property, goods,
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1 or services; or
2 (B) is otherwise designed or intended to
3 solicit a person to purchase real property, goods,
4 or services.
5 (2) "Electronic mail" means a message, a file, or
6 other information that is transmitted through a local,
7 regional, or global network, regardless of whether the
8 message, file, or other information is:
9 (A) viewed;
10 (B) stored for retrieval at a later time;
11 (C) printed onto paper or other similar
12 material; or
13 (D) filtered or screened by a computer program
14 that is designed or intended to filter or screen
15 items of electronic mail.
16 (3) "Network" means a network comprised of one or
17 more computers that may be accessed by a modem,
18 electronic or optical technology or other similar means.
19 (4) "Recipient" means a person who receives an item
20 of electronic mail.
21 (b) Except as otherwise provided in subsection (c) of
22 this Section, if a person transmits or causes to be
23 transmitted to a recipient an item of electronic mail that
24 includes an advertisement, that person commits an unlawful
25 practice under this Act, unless:
26 (1) the person has a preexisting business or
27 personal relationship with the recipient;
28 (2) the recipient has expressly consented to
29 receive the item of electronic mail from the person; or
30 (3) the advertisement is readily identifiable as
31 promotional, or contains a statement providing that it is
32 an advertisement, and clearly and conspicuously provides:
33 (A) the legal name, complete street address,
34 and electronic mail address of the person
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1 transmitting the electronic mail; and
2 (B) a notice that the recipient may decline to
3 receive additional electronic mail that includes an
4 advertisement from the person transmitting the
5 electronic mail and the procedures for declining
6 such electronic mail.
7 (c) If a person provides users with access to a network
8 and, as part of that service, transmits items of electronic
9 mail on behalf of those users, the person is immune from
10 liability for violations of this Act, unless the person
11 transmits an item of electronic mail that includes an
12 advertisement he or she prepared or caused to be prepared.
13 (d) The provisions of this Section do not apply to an
14 item of electronic mail that is obtained by a recipient
15 voluntarily. This subsection includes, but is not limited
16 to, an item of electronic mail that is obtained by a
17 recipient voluntarily from an electronic bulletin board.